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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

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AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes. Option 3: adopt an exception for any use, with a possibility for rightholders to contract out.

IP 67
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Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. because there is no public access regime that applies, or because third parties own intellectual property rights.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. As far as material damages in the form of an appropriate licence fee are concerned, the BGH confirmed, in a 2018 decision , that the starting point is the fictitious conclusion of a licensing agreement.

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The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

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Case study: “copyright-free” in-store music and collective management

LexBlog IP

In order to carry out this activity, company A signed contracts with certain suppliers from which it acquired all of the copyrights and related rights regarding the specific musical repertoire. It may therefore be concluded that such right is not assigned to a CMO.

Music 52